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Nashville69, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons
Nashville69, CC BY-SA 4.0 , via Wikimedia Commons

In a significant legal development, the iconic rock band KISS has finally settled a wrongful termination lawsuit filed by their longtime wig stylist, David Mathews. This lawsuit, originally filed in 2023, alleged that Mathews was unjustly fired for expressing concerns over lax COVID-19 safety protocols during the band's tours. The settlement comes after extensive deliberations and just ahead of a scheduled trial date in January. Los Angeles Superior Court Judge Armen Tamzarian had earlier highlighted the unpredictability of the case, stating that Mathews could potentially “win a big pot of money” if the trial proceeded and favored his claims against KISS.

Mathews, who had been a part of KISS' road crew for nearly 30 years, brought the lawsuit following his dismissal in 2022, attributing it to his outspoken stand on inadequate safety measures concerning COVID-19. His legal suit underscored the alleged labor code violations related to the lack of legally mandated rest breaks and unpaid overtime compensations. Moreover, Mathews claimed he was accosted by false accusations regarding his involvement in a media leak criticizing the band’s health safety practices during the pandemic, particularly highlighting an instance where Gene Simmons, KISS's co-founder, displayed flu-like symptoms.

The legal battle between Mathews and KISS unfolded against a backdrop of previous controversies concerning the band's handling of COVID-19 protocols. One significant episode involved the tragic death of Fran Stueber, a guitar tech for Paul Stanley, another co-founder of KISS. Stueber passed away in 2021 after reportedly not adhering to safety measures, which became a focal point in discussions on the band's tour safety environment. Mathews had previously pressured the band’s management to prioritize medical care for Stueber when his condition was visibly deteriorating.

In court proceedings leading up to the settlement, Judge Tamzarian delineated the vulnerabilities present for both parties, stating that the case posed “serious risks”. He indicated that an unfavorable outcome for either side could have considerable financial implications. Given these stakes, the judge strongly advised an out-of-court settlement, emphasizing the challenges Mathews might face if the case went to trial, despite expressing skepticism over KISS’s argument that Mathews was an independent contractor rather than their employee.

As the legal teams for KISS and Mathews reached a settlement agreement, it marks a resolution that avoids the uncertainties of a trial outcome. The legal resolution, whose details remain confidential, is set to be confirmed in a follow-up court hearing scheduled for March. This settlement brings a temporary pause to the legal confrontations that spotlighted both the band’s pandemic-era operations and broader workplace safety concerns.

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